Sivakumar v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.02.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MR.JUSTICE B.PUGALENDHI Sivakumar ... Petitioner Vs 1.The District Collector, Thoothukudi District, Thoothukudi -62801.

2.The Revenue Divisional Officer, Thiruchenthur Revenue Division, Thiruchenthur, Thoothukudi District -628215.

3.The Tahsildar Cum Monitoring Committee, Sathankulam Taluk Office, Sathankulam Taluk, Thoothukudi District - 628704.

4.The Block Development Officer,(Village Panchayat), Sathankulam Taluk Office, Sathankulam Taluk, Thoothukudi District - 628704.

5. Murugesan 1/5

6.Manokaran 7.Dinakaran

8. Indira ... Respondents PRAYER:- Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 4 to remove the encroachment made by the 5 to 8 respondents in 147/6, 149/2 and 153 which is classified as Government land water channel situated at Tatchamozhi Village, Santhankulam Taluk, Thoothukudi District on the basis of petitioner's representation dated 03.04.2024 and 09.05.2024, within time frame fixed by this Court.

For Petitioner : Mr.T.Vadivelan For R1 to R4 : Mr.K.Balasubramani Special Government Pleader For R5 : Mr.T.Thirumurugan For R6 to R8 : No appearance

O R D E R

Heard both sides.

2.The petitioner alleges that there are encroachments in the petition-mentioned survey numbers, whereas, the learned Special Government Pleader for the official respondents states that S.Nos. 2/5

147/6 and 149/2 are water bodies (Channels). But, then water flow through the channel is not affected and only fence has been put up. He further states that S.No.153 has been classified as a patta land. But, as per Field Measurement Book(FMB Sketch), detailed marks are there and that the Nilaviyal Odai is also intact. 3.Recording the stand of the official respondents, this writ petition is disposed of. No costs.

(G.R.SWAMINATHAN, J.) & (B.PUGALENDHI, J.) 5th February 2025 NCC : Yes / No Index : Yes / No Internet : Yes / No vrn 3/5

To:

1.The District Collector, Thoothukudi District, Thoothukudi -62801.

2.The Revenue Divisional Officer, Thiruchenthur Revenue Division, Thiruchenthur, Thoothukudi District -628215.

3.The Tahsildar Cum Monitoring Committee, Sathankulam Taluk Office, Sathankulam Taluk, Thoothukudi District - 628704.

4.The Block Development Officer,(Village Panchayat), Sathankulam Taluk Office, Sathankulam Taluk, Thoothukudi District - 628704.

4/5

G.R.SWAMINATHAN, J.

AND B.PUGALENDHI, J.

vrn Order made in 05.02.2025 5/5